Section — McHugh–Callan, Moral Theology

Lawfulness of Material Cooperation

1515.

Lawfulness of Material Cooperation

Lawfulness of Material Cooperation.—The conditions necessary in order that material cooperation be lawful are the same as for any other act that has a double result (see 104); for from the cooperation follow two results, one that is bad (viz., the sin of the other person) and one that is good (viz., the avoidance of loss or the retention of good). Two of the conditions required in the principle of double result need not be considered, however, since their presence is manifestly assured by the very fact that the cooperation is merely material. (a) Thus, the condition that the good effect must not be secured through the evil effect is verified; for, if one intends the sin of the other party as a means to the good end, cooperation is formal. Hence, if Balbus helps Claudius to get sinfully drunk, so that Claudius may go to confession the sooner, the cooperation of Balbus in the drunkenness of Claudius is formal. (b) The condition that the evil effect is not intended is also verified; for the very definition of material cooperation excludes the intention of the sin committed by the other party.

1516.

Hence, we may confine our attention to the two remaining conditions stated in the principle of double effect, and conclude that material cooperation is lawful when and if the act of the cooperator is itself good or indifferent, and he has a reason sufficiently weighty for permitting the sin of the other party.

1517.

The first condition of material cooperation is that the act of the cooperator must be good or at least indifferent; for, if it is evil, the cooperation becomes implicitly formal. But, since it is often difficult to determine in particular instances whether cooperation is intrinsically evil or merely indifferent, one must examine the nature and circumstances of the act.

(a) Thus, according to its nature, an act of cooperation is intrinsically evil, if it has no uses except such as are evil; it is indifferent, if, according to the intention of those who use it, it is now good, now evil. Hence, it is intrinsically wrong to assist in the manufacture or distribution of obscene books or pictures, or of drugs or instruments used exclusively for immoral purposes, since the only use to which such things can be put is sinful. It is also intrinsically wrong to take part even remotely in pagan superstitions, or to give any immediate assistance to an act which from its nature is opposed to the Sixth Commandment. But it is not intrinsically wrong to assist in the manufacture of firearms or poisons, which have many good uses, or to act as bodyguard to a person who fears harm from others.

(b) According to its circumstances, an act of cooperation is evil, if by reason of adjuncts it is wrong, as when it signifies approval of evil, gives scandal to others, endangers the faith or virtue of the cooperator, or violates a law of the Church. Thus, it is not from the nature of the act wrong to invite a pedestrian to ride in one’s car; but it is wrong from the circumstances when the pedestrian asks to be taken to a spot where he intends to commit robbery. It is not wrong intrinsically to work at building a temple; but it is wrong from the circumstances, when this act is regarded by the public as a sign of adherence to a false religion, or when the act causes scandal (see 983). The laws of the Church on mixed marriage or neutral schools afford other examples of cooperation lawful in one set of circumstances, but unlawful in another on account of significance, scandal, danger, etc.

1518.

But the circumstance that the cooperator knows for certain that the principal agent will use the cooperation for sinful purposes, or will take scandal to the extent of being strengthened in his evil designs by reason of the assistance given, does not necessarily make cooperation evil.

(a) Thus, the cooperator may know from the declaration of the principal agent just what is to be done, and yet have no will whatever to concur in the evil. Hence, if a person is forced at the point of a revolver to help in robbing his own guests, he knows very well what is being done, but he certainly does not approve of it.

(b) The cooperator may know that scandal will be occasioned by the cooperation, either to the principal agent or to others, but he may have sufficient reasons for permitting it (see 1478, 1482). Thus, if the employee of an undertaking establishment has orders to assist at the funeral of an anarchist, and will lose his means of livelihood if he does not comply, he is not obliged to suffer this great detriment to avoid Pharisaic scandal or even scandal of the weak. But he should, if possible, declare his want of sympathy with anarchy, if he knows of some anarchist present who regards his cooperation as a mark of sympathy for the principles of the deceased.

1519.

The second condition for lawful material cooperation is that the cooperator should have a reason sufficiently weighty for permitting the evil connected with his cooperation. The standards for judging whether a reason is sufficiently weighty, are the rules given above on permission of an evil effect (see 105).

(a) Hence, the graver the sin that will be committed, the graver the reason required for cooperation. Thus, a greater reason is required for cooperation in assault than for cooperation in theft.

(b) The nearer the cooperation is to the act of sin, the greater the reason required for cooperation. Thus, he who sells paper to the publisher of obscene books cooperates remotely; he who sets the type or reads the proofs of such books cooperates proximately. A greater reason is necessary for the latter than for the former cooperation.

(c) The greater the dependence of the evil act on one’s cooperation, the greater the reason required for cooperation. Thus, a more serious reason is needed to justify giving intoxicants to a person who abuses liquors, if he is unable to procure them elsewhere, than if he can easily get them from others. But the fact that, if you deny intoxicants or other cooperation, another person will grant what you deny, is not of itself a sufficient reason for cooperation.

(d) The more certain the evil act, the greater the reason required for cooperation. Example: Titus gets drunk frequently, Balbus at intervals. Hence, a greater reason is needed for providing liquor to Titus than to Balbus.

(e) The more obligation one is under to avoid the act of cooperation or to prevent the act of sin, the greater the reason must be for cooperation. Hence, a much greater reason is necessary for lawful cooperation by those who are bound ex officio, from piety or justice, to prevent a sin (such as parents, spiritual directors, and policemen) than on the part of those who are not so bound.

1520.

Reasons for cooperation correspond in gravity with the importance of the goods or evils involved (see 1163 sqq.).

(a) Hence, a grave reason for cooperation exists when, if one refuses it, a great good will be lost or a great evil incurred. A day’s wages or income is generally a great good; a severe or long-continued pain, great anger of an employer or other superior, things that bring on notable annoyance, shame, repugnance, etc., are examples of great evils.

(b) A very grave reason for cooperation is the gain or retention of a very great good or the avoidance of a very great evil. A notable percentage of the goods of one’s station in life should be considered as a very great good. A severe and long-continued illness, unemployment on the part of the breadearner of a needy family, serious detriment to one’s honor, reputation or peace of mind, etc., are examples of very great evils.

(c) Graver reasons for cooperation are those that surpass the very grave without being supreme, such as the loss of one’s station in life, incurable disease, loss of an eye or other principal member, severe or perpetual imprisonment.

(d) Most grave reasons for cooperation are the public safety of Church or State, loss of all one’s property, death, extreme disgrace, and the like.

1521.

When the sin committed by the principal agent is grave, but contains no injustice to a third party, the reasons for cooperation need not be so serious as when the sin is grave and unjust.

(a) Thus, immediate and indispensable cooperation is justified in order to avoid grave loss to self; for example, one may ask absolution from an unworthy minister, in order to recover the state of grace more quickly.

(b) Immediate and not indispensable cooperation, or mediate and indispensable cooperation, is lawful when it is necessary in order to avoid a moderate loss. Examples: One may receive Communion from an unworthy minister in order to make the Easter duty more conveniently. One may supply intoxicants to a drunkard in order to avoid a brawl, if there is no time to call in the strong arm of the law to subdue the drunkard.

(c) Mediate and not indispensable cooperation is justified even by avoidance of a slight loss. Example: A butcher may sell meat on Friday to a cook who will serve it to some persons bound by abstinence, if the cook can easily get the meat from others and the profit will go elsewhere, unless the butcher sells her the meat.

1522.

When the sin committed by the principal agent is a grave injustice to a private party, the reasons for cooperation need not be so serious as when the sin is against the public good.

(a) Thus, immediate and indispensable cooperation is permissible, if without it one cannot avoid a loss to self that is both certain and of a higher kind, or at least a greater one of the same kind than that which will be suffered by the injured party; for this latter would be unreasonable, if he expected one to suffer a greater loss in order to spare him. Example: Mercurius, a servant, is threatened with instant death if he does not open a safe of his employer, take from it certain papers, and deliver them to a burglar.

(b) Immediate and not indispensable cooperation, or mediate and indispensable cooperation, is allowed if necessary for the avoidance of an equal loss to self. Examples: The burglar mentioned above can blow open the safe if Mercurius refuses to open it, but, if he is put to this trouble, he will steal from Mercurius valuables comparable to the papers in the safe. Claudius, a servant, opens a backdoor, the only way through which a burglar can enter secretly, because he is taken by surprise, and refusal on his part will inevitably cost him the loss of papers equally as valuable as those the burglar wishes to secure. Sempronius wishes to rob a house, but he cannot get there without the assistance of Caius, a chauffeur. Caius understands the purpose of Sempronius, but, if he refuses to take him to the house, Sempronius will give out information that will do almost as much harm to Caius as the robbery would do to the owner of the house.

(c) Mediate and not indispensable cooperation is justified by the avoidance of a loss to self less than the loss of the injured party, but in proportion to it, Example: Balbus is usually honest, but today he is going out to “fleece” a number of unsuspecting victims, and he gives orders to his servant Titus to get his coat and hat and open the door, and to his chauffeur Caius to drive him to the gambling place. Titus and Caius have an inkling of Balbus’ plans, but no proofs. If they disobey his orders, other servants will do what Balbus asks, the swindling will not be stopped, but Titus will be demoted, and Caius thrown out of the position necessary for his livelihood.

1523.

When the sin committed by the principal agent is against some good of a public character, though not against the common safety, still greater reasons are necessary for cooperation than those given above. (a) Thus, immediate and indispensable cooperation is allowed to avoid a greater public evil, or an equal public evil joined with grave loss to self; for it is lawful to permit a lesser in order to escape a greater evil. Thus, the law may tolerate certain evils for the sake of public tranquillity, if the attempt to suppress them would lead to serious disturbances. One may delay to denounce a practice that is doing harm to a family, if an immediate complaint would cause an equal harm to the family and bring on the maker of the complaint a serious evil.

(b) Immediate and not indispensable cooperation, or mediate and indispensable cooperation, is permitted when it is necessary to avoid an equal public evil, or a very serious personal evil proportionate according to prudent judgment to the public harm done. Thus, an actor who has a harmless part in a somewhat evil play may act it for a time, if the company can easily obtain substitutes but he cannot easily obtain other employment and needs his wages. Similarly, the owner of the only theatre in town may rent it to that company in order to be able to refuse it to another company that is worse.

(c) Mediate and not indispensable cooperation may be allowed when there is need of avoiding a grave loss to self which cannot be prevented except by cooperation. Thus, the ushers in the theatre who have no present way of supporting dependents except by the wages they are earning, may help patrons to seats, even when the play that is being shown is not morally unobjectionable.

1524.

When the sin committed by another is directed against the necessary public welfare (i.e., against the common safety of Church or State), one may not cooperate, but should resist. In this case: (a) cooperation is unlawful, for there is no greater public good to justify it, and much less can it be justified by private good; (b) resistance should be made, if possible; for the individual should be willing to suffer loss, spoliation, and death itself to conserve the safety of the Church or of the State.

1525.

In giving reasons sufficient for cooperation with sins injurious to the sinner alone or to some third party, we considered only the harm or loss to oneself that would result from a refusal to cooperate. But the good of others may also suffice for cooperation.

(a) Thus, the good of the sinner may justify one in cooperating, as when one assists in order to prevent the commission of a greater evil. It would not be wrong to give whisky to one who wished to make himself drunk, if otherwise he would take poisoned alcohol.

(b) The good of a third party may justify cooperation, as when one assists in perpetrating a minor injury against him in order to stop a major injury. It would not be wrong to bind and gag a man who was being robbed, if otherwise a burglar would murder him.

(c) The common good will often be a justifying reason. Thus, in political affairs it is at times necessary in indifferent matters to compromise with opponents, whose general policies one does not approve, in order to secure the election of good citizens or the passing of good laws, when these ends are very important for the general welfare. It is lawful to administer a Sacrament to one who is unworthy in order to avoid a public evil, such as disturbance or scandal among the people.