Chapter XI. On the Cessation of Law

I say. Law can cease in various ways, namely: 1st, by abrogation or derogation, according as it is abolished entirely or only in part; for just as a superior can make a law, so he can take away or restrict the same law; 2nd, by cessation of the adequate motive cause, or of the total end, on account of which it was made with respect to the whole community; for when the cause of the law ceases, the legislator cannot reasonably urge it; 3rd, by desuetude, or by a contrary custom clothed with due conditions; for then at least the legal consent of the superior accedes. Thus most commonly.

A later law, made by competent authority, obrogates a prior law if it expressly states this, or is directly contrary to it, or wholly orders anew the entire matter of the prior law; but with the prescription of can. 6, n. 1 remaining firm, a general law in no way derogates from the statutes of special places and singular persons, unless something else is expressly provided in the law itself (Can. 22).

In doubt, revocation of a preexisting law is not presumed, but later laws are to be drawn to prior laws and, as much as can be done, reconciled with them (Can. 23).

Question. Does a law cease when the final cause ceases only in a particular case, that is, with respect to some persons?

Response. A distinction must be made. If the end of the law ceases contrarily, the law ceases; for in that case the observation of the law is harmful or more difficult than is just. But if it ceases only negatively, the law does not cease; for the adequate end of the law regards those things which commonly happen, but not particular cases. Therefore these do not prevent the end of the law, and therefore the law itself, from persevering. Hence spouses are not exempted from the proclamation of banns, even if they know certainly that no impediment underlies the marriage. - This sentence concerning the obligation remaining when the end of the law ceases negatively is certain and to be held by all; and thus the Code of Canon Law says concerning a law founded on the supposition of danger: laws made for guarding against a general danger urge, even if in a particular case the danger is not present. Can. 21.

Note. - Precepts given to individuals urge those to whom they are given everywhere, but cannot be urged judicially and cease when the right of the one commanding has been resolved, unless they were imposed by a legitimate document or before two witnesses (Can. 24).